When Parents Disagree: Navigating Parental Decision-Making, Information Rights, and Camp Enrollment

By Brooke Rotstein and Isaac Mamaysky

Ring, Ring, Ring

“Thanks for calling Camp ABC! how can we help you today?”

“Hi, this is Jane Smith. I’ve enrolled my daughter in camp and just paid her tuition. I need to ask you for something important. Her father and I are divorced and don’t get along. At some point this summer, he may call camp. He could even show up to camp. I need you to make sure he doesn’t get any information about my daughter—no session details, no contact information for bunkmates, and no medical information. And under no circumstances should he be allowed to speak with her or pick her up from camp. If he shows up, don’t let him leave with her.”

Sound familiar?  

Requests like these are commonplace every summer—so common, in fact, that many camps have adopted specific policies to address them—which is a smart move from a risk management standpoint. Many of our camp clients have heard our mantra: When you can anticipate a particular challenge arising during the summer, make a policy to address it in the calmness of the off-season.

The alternative is to rely on staff to make hard decisions on the fly while camp is moving 100 miles an hour. For obvious reasons, it’s far preferable to make a playbook before the kids arrive and then simply implement it once a challenge arises. In the process, of course, we have to make sure that our policies comply with the law.  

What's Required of Camps?

We’ve spoken to multiple camps whose policy is to simply comply with the registering parent’s wishes, assuming that’s the safest route. "After all," they reason, "if one parent registered the camper, paid for camp, submitted the forms, and otherwise coordinated the experience, we should follow that parent’s instructions about the camper."

While this may make intuitive sense, a slightly deeper analysis reveals the problem: On what basis does a service provider (i.e., the camp) have a right to deny a legal custodian the ability to have information about their child, speak with their child, or pick up their child?

Many camps are surprised to learn that, unless a court order says otherwise, both parents typically retain equal rights to make decisions for their child and receive information about their child. Simply put, parental rights are presumed equal unless otherwise ordered by a court. One parent’s request, no matter how earnest or urgent it may be, does not override the other parent’s legal rights.

Custody Arrangements and Court Orders

In general, there are two types of custody for camps to consider: (1) legal custody is the right to make major decisions about the child, and (2) physical custody concerns where the child actually lives.

A parent with sole legal custody has exclusive decision-making power about the child, including decisions about camp enrollment, medical care, and consenting to services. By contrast, when parents have joint legal custody, they both share that decision authority and are expected to consult one another when making significant decisions.

So, if a parent has sole legal custody, camp should take direction from that parent on major decisions and permissions. The non-custodial parent in that case typically cannot override or make independent decisions.

However, just because one parent has sole legal custody does not automatically mean that the other parent should not have access to information about the child. Having sole legal custody mainly affects decision-making authority, rather than information rights.

Many custody orders include language addressing this. It’s common for these orders to state that the non-custodial parent has the right to access, for example, the child’s school and medical records, even if sole legal custody lies with the other parent. Of course, this isn’t necessarily the case. When there are safety concerns or other considerations weighing against contact or information-sharing, a custody order could take a very different approach.

How Does a Camp Know What to Do?

When parents disagree about their rights regarding a camper, it often puts the camp in a challenging position as the middleman between two highly adverse parties. How to navigate this? By obtaining court orders and custody information, and then simply following their dictates. 

Some camps choose to gather this information during the registration process; they ask whether any court orders exist that affect custody, decision-making, or communication with the camper. Other camps wait until a parent raises an issue or makes a specific request, at which point the camp reviews any applicable court orders or custody arrangements.

Either approach can work, but the key is knowing that you must reference this documentation before taking sides or restricting a parent’s rights.

What Are the Consequences of Getting this Wrong?

If a parent has lawful custody rights and is improperly denied access to their child or their child’s information, then the camp may expose itself to legal claims, ranging from interference with parental rights to breach of contract or even claims of emotional distress, depending on the situation and jurisdiction. While camps are not expected to act as legal referees, they are expected to follow the law and honor valid court orders.

Conclusion

When parents disagree, camps can easily find themselves in the middle. But the legal baseline is clear: unless a court order says otherwise, both parents have equal rights to receive information, speak to the camper, pick up the camper, and stay involved in their child’s camp experience—even if only one parent registered or paid.

While courts may implement a variety of custody arrangements, they don’t automatically strip a parent of the right to communicate with their camper, make decisions about their camper, or receive information from camp. And even if a parent has less parenting time, they may still have joint decision-making authority and full rights to access records—rights that remain in place unless specifically limited by court order.

This is why it’s important for camps to ask the right questions and request relevant court orders when concerns arise. Our job is to follow the law, rather than arbitrarily follow the instructions of one parent while ignoring the requests of the other. We aren’t expected to referee co-parenting conflicts, but we are expected to respect legal rights.  

Sample Policy Regarding Parental Disputes

Disclaimer: This sample policy is provided for general educational purposes only. Every camp operates under unique circumstances, and custody and parental rights laws vary by state. Camps should consult their legal counsel to determine the best approach based on applicable law and their specific operations.

• For purposes of this policy, a “legal parent or guardian” means a biological or adoptive parent, or a court-appointed legal guardian, whose parental rights have not been terminated or limited by court order.

• [Optional] During registration, the registering parent or legal guardian will be asked to provide any custodial arrangements, restraining orders, or court orders that limit the rights of any other parent or guardian to pick up the camper, speak with the camper, or make decisions for the camper and receive information about the camper, including but not limited to medical matters.

• Likewise, during registration, the registering parent or legal guardian will be asked not provide a list of individuals who are authorized to: (1) pick up the camper; (2) speak with the camper; and (3) make decisions for the camper and receive information about the camper, including but not limited to medical matters.

• If an individual who is not listed requests to speak with a camper, pick up a camper, or receive information about a camper, then the camp must contact the registering parent or legal guardian, inform them of the request, and ask if they consent. If the registering parent or guardian provides written permission, then the individual may be granted access, information, or pickup rights.

• Unless an individual is authorized in the registration materials or in writing by the registering parent, camp cannot allow them to pick up a camper, speak to a camper, or obtain information about a camper, unless they provide documentation demonstrating that they have legal custody or joint legal authority to make decisions for the camper. If no consent or documentation is provided, access to the camper/information must be denied.

• Without written confirmation, camp cannot assume that one parent has greater or lesser decision-making authority than the other. If a parent or guardian presents a valid court order (e.g., custody order, restraining order, or no-contact order), then camp will comply fully with the terms of that order.

• In the absence of a court order, the camp cannot:

  • (1) restrict a legal parent or guardian’s communication with the camper;

  • (2) deny a legal parent or guardian access to information about their child; or

  • (3) prevent a legal parent or guardian from picking up their child.

• If a legal parent or guardian who is not listed in the registration materials arrives on-site and requests to pick up or speak with a camper, then the registering parent should be contacted immediately and senior management must be immediately notified. While camp will follow the dictates of this policy under such circumstances, it will not release a camper to any individual if there is any safety concern or any doubt about the individual’s rights.

• If this policy does not align with a family’s specific needs, they may decline enrollment, withdraw the camper before or during the session, or work with camp leadership to find appropriate arrangements, including early pickup or cancellation without penalty.

• If the registering parent or guardian requests that the camp restrict the rights of another parent, staff should explain:

  • “We understand your concerns. If there is a court order that limits the other parent’s rights to communication, custody, or access to information, please provide it. Without legal documentation, we are not able to restrict a parent’s involvement in their child’s camp experience. If this policy does not meet your family’s needs, we are happy to discuss cancellation or alternative arrangements.”

• In any circumstance in which this policy is implicated, senior management must be notified immediately. Management can then assess how to proceed and whether to speak with counsel.